Raghbir Singh vs State Of Haryana
2023 Latest Caselaw 9489 P&H

                                                       Neutral Citation No:=2023:PHHC:086021




CRM-M-31811-2023 (O&M)                         -1-            2023:PHHC:086021


                           102
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               CRM-M-31811-2023 (O&M)
                                                Date of Decision: 06.07.2023


Raghbir Singh
                                                                   ....Petitioner(s)
                                     Versus

State of Haryana

                                                                .....Respondent(s)


CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:     Mr. Ashok K. Sharma Bhana, Advocate, for the petitioner.

             Mr. Naveen Kumar Sheoran, DAG, Haryana.

                          ****

JASGURPREET SINGH PURI, J. (Oral)

1. The present petition filed under Section 438 of the Code of Criminal

Procedure for grant of anticipatory bail to the petitioner in FIR No.123 dated

11.06.2023, under Sections 174-A IPC, registered at Police Station City

Safidon, District Jind.

2. Learned counsel for the petitioner has submitted that against the

petitioner proceedings under Section 138 of the Negotiable Instruments Act,

1881 were lodged in which he did not appear for some time and thereafter he

was declared as a proclaimed offender and consequently, the present FIR

under Section 174-A IPC was lodged against the petitioner. He submitted that

the petitioner is doing agriculture work in Madhya Pradesh and in view of the

aforesaid position, he may be considered for the grant of anticipatory bail.

3. On the other hand, Mr. Naveen Kumar Sheoran, DAG, Haryana

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has submitted that he has received an advance copy of the present petition

and he has also sought instructions from the concerned police official. He

submitted that the present petition is not maintainable in view of the fact

that the petitioner has already been declared as a proclaimed offender on

04.05.2023 and the present FIR has been lodged under Section 174-A IPC

after being declared as a proclaimed offender in accordance with law. He

submitted that since the petitioner is a proclaimed offender, the present

petition is not maintainable especially in view of the judgment of the

Hon'ble Supreme Court in State of Madhya Pradesh Vs. Pradeep Sharma

[2014(2) SCC 171].

4. I have heard the learned counsel for the parties.

5. Learned State counsel has raised preliminary objection with

regard to the maintainability of the present petition in view of the judgment

of the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Pradeep

Sharma (Supra). The relevant portion of the aforesaid judgment is re-

produced as under:-

"12. From these materials and information, it is clear that the present appellant was not available for interrogation and investigation and was declared as "absconder". Normally, when the accused is "absconding" and declared as a "proclaimed offender", there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail."

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6. Admittedly, the petitioner has already been declared as a

proclaimed offender in the present case itself on 04.05.2023. There are no

strong reasons given by the learned counsel for the petitioner as to why the

present petition should be entertained despite the fact that the petitioner was

declared as a proclaimed offender and therefore the prayer for the grant of

anticipatory bail is not maintainable.

7. Consequently, the present petition is dismissed.

8. However, anything observed hereinabove shall not be treated as

an expression of opinion on merits of the case and is meant for the purpose

of deciding the present petition only.

s




06.07.2023                              (JASGURPREET SINGH PURI)
rakesh                                           JUDGE
         Whether speaking                     :   Yes/No
         Whether reportable                   :   Yes/No




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